[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Rules and Regulations]
[Pages 14615-14617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07114]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0542; FRL-9991-96-Region 4]


Air Plan Approval; Florida; 2008 8-Hour Ozone Interstate 
Transport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve Florida's October 3, 2017, State Implementation Plan 
(SIP) submission pertaining to the ``good neighbor'' provision of the 
Clean Air Act (CAA or Act) for the 2008 8-hour ozone National Ambient 
Air Quality Standards (NAAQS). The good neighbor provision requires 
each state's implementation plan to address the interstate transport of 
air pollution in amounts that contribute significantly to nonattainment 
or interfere with maintenance of a NAAQS in any other state. In this 
action, EPA is making a determination that Florida's SIP contains 
adequate provisions to prohibit emissions within the state from 
contributing significantly to nonattainment or interfering with 
maintenance of the 2008 8-hour ozone NAAQS in any other state.

DATES: This rule will be effective May 13, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0542. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Adams 
can also be reached via telephone at (404) 562-9009 and via electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 27, 2008 (73 FR 16436), EPA promulgated an ozone NAAQS 
that revised the levels of the primary and secondary 8-hour ozone 
standards from 0.08 parts per million (ppm) to 0.075 ppm. Pursuant to 
CAA section 110(a)(1), within three years after promulgation of a new 
or revised NAAQS (or shorter, if EPA prescribes), states must submit 
SIPs that meet the applicable requirements of section 110(a)(2). EPA 
has historically referred to these SIP submissions made for the purpose 
of satisfying the requirements of sections 110(a)(1) and 110(a)(2) as 
``infrastructure SIP'' submissions. One of the structural requirements 
of section 110(a)(2) is section 110(a)(2)(D)(i), which generally 
requires SIPs to contain adequate provisions to prohibit in-state 
emissions activities from having certain adverse air quality effects on 
neighboring states due to interstate transport of air pollution. There 
are four sub-elements, or ``prongs,'' within section 110(a)(2)(D)(i) of 
the CAA. CAA section 110(a)(2)(D)(i)(I), also known as the ``good 
neighbor'' provision, requires SIPs to include provisions prohibiting 
any source or other type of emissions activity in one state from 
emitting any air pollutant in amounts that will contribute 
significantly to nonattainment, or interfere with maintenance, of the 
NAAQS in another state. The two provisions of this section are referred 
to as prong 1 (significant contribution to nonattainment) and prong 2 
(interference with maintenance). Section 110(a)(2)(D)(i)(II) requires 
SIPs to contain adequate provisions to prohibit emissions that will 
interfere with measures required to be included in the applicable 
implementation plan for any other state under part C to prevent 
significant deterioration of air quality (prong 3) or to protect 
visibility (prong 4).
    On October 3, 2017, Florida submitted a SIP submittal containing a 
certification that the State's SIP meets the requirements of CAA 
section

[[Page 14616]]

110(a)(2)(D)(i)(I) for the 2008 8-hour ozone NAAQS. Florida's 
certification is based on available emissions data, air quality 
monitoring and modeling data, and SIP-approved and state provisions 
regulating emissions of ozone precursors within the State. In a notice 
of proposed rulemaking (NPRM) published on February 15, 2019 (84 FR 
4403), EPA proposed to approve Florida's SIP as meeting the 
requirements of prongs 1 and 2 for the 2008 8-hour ozone NAAQS.\1\ In 
that notice, EPA discussed the final determination made in the update 
to the Cross-State Air Pollution Rule ozone season program that 
addresses good neighbor obligations for the 2008 8-hour ozone NAAQS 
(known at the ``CSAPR Update'') \2\ that emissions activities within 
Florida will not significantly contribute to nonattainment or interfere 
with maintenance of that NAAQS in any other state. The NPRM provides 
additional detail regarding the background and rationale for EPA's 
action. Comments on the NPRM were due on or before March 18, 2019. EPA 
received no comments on the proposed action.
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    \1\ This action addresses only prongs 1 and 2 of section 
110(a)(2)(D)(i). All other infrastructure SIP elements for Florida 
for the 2008 8-hour ozone NAAQS were addressed in separate 
rulemakings. See 78 FR 65559 (November 1, 2013); 79 FR 50554 (August 
25, 2014).
    \2\ See 81 FR 74504 (October 26, 2016). The CSAPR Update 
establishes statewide nitrogen oxide (NOx) budgets for certain 
affected electricity generating units in 22 eastern states for the 
May-September ozone season to reduce the interstate transport of 
ozone pollution in the eastern United States, and thereby help 
downwind states and communities meet and maintain the 2008 8-hour 
ozone NAAQS. The rule also determined that emissions from 14 states 
(including Florida) will not significantly contribute to 
nonattainment or interfere with maintenance of the 2008 ozone NAAQS 
in downwind states. Accordingly, EPA determined that it need not 
require further emission reductions from sources in those states to 
address the good neighbor provision as to the 2008 ozone NAAQS. Id.
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II. Final Action

    EPA is taking final action to approve Florida's October 3, 2017, 
SIP submission addressing the good neighbor infrastructure SIP 
requirements, section 110(a)(2)(D)(i)(I) (prongs 1 and 2), for the 2008 
8-hour ozone NAAQS. EPA is taking final action to approve the SIP 
submission because it is consistent with section 110 of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This action merely 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 10, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 29, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401 et seq.

Subpart K--Florida

0
2. Section 52.520(e), is amended by adding the entry ``110(a)(1) and 
(2) Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS'' at 
the end of the table to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

[[Page 14617]]



                                 EPA-Approved Florida Non-Regulatory Provisions
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                                      State
           Provision                effective     EPA  approval     Federal Register,           Explanation
                                      date            date                notice
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                                                  * * * * * * *
110(a)(1) and (2)                     10/3/2017       4/11/2019  [Insert Federal          Addressing prongs 1
 Infrastructure Requirements                                      Register citation].      and 2 of section
 for the 2008 8-Hour Ozone                                                                 110(a)(2)(D)(i)(I)
 NAAQS.                                                                                    only.
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[FR Doc. 2019-07114 Filed 4-10-19; 8:45 am]
 BILLING CODE 6560-50-P


